Administrative Proceedings Reconciliation System Research

Recently, the discussion which revised about the administrative rocedural law it may be in full swing. But regarding administrative proceedings whether should increase the conciliatory system is one offical points. The conciliatory system has the thick Chinese characteristic, has played the extremely vital role. Our country "Administative Appeal Law " the 50th is stipulated: "The block of wood suitable for use bringing administrative case to trial mediates a people's court". The 67th 3rd section is stipulated: "Reparation legal action can apply to mediation ". Base stipulating that the block of wood suitable for use mediates except paying for legal action as said or narrated above having established our country administrative lawsuit. While "Administative Appeal Law " discriminating against an administrative lawsuit mediating system, be also discriminating against compromise system. But practice middle, high withdraw a lawsuit rates but secondary another one kind of significance upper evade this one legal rules, be more better than solve this contradiction conflict, right away need legally design one kind of administrative lawsuit compromise system go to reparation nothing basis practice.Supreme People's Court Chair Xiao Yang pointed out that, must positively explore and establish the administrative proceedings reconciliation system. This news issue let the people resee a ray of hope, also rehas raised the discussion administrative proceedings reconciliation upsurge. This article attempts take administrative proceedings reconciliation systemconstructing as the master line, reconciles the system to our country the elementary theory and in the present situation inspection foundation, to administrative proceedings reconciliation system question system induction and thorough analysis and so on legislation pattern choice. The strength as desired research in constructs the function which harmonious social in the historic course the display hould have.The first part is the administrative proceedings reconciliation elementary theory. First, introduced the administrative proceedings reconciliation concept limits, and have carried on the administrative proceedings reconciliation with other correlation concepts the comparison. Next introduced the administrative proceedings reconciliation nature, the characteristic, the establishment important document, as well as the administrative proceedings reconciliation potency. The author obtains from the administrative proceedings reconciliation concept.Then through to its legal nature analysis, thought the administrative proceedings reconciliation not only is one kind of lawsuit behavior also is the public law contract,has the ambiguity. Finally has carried on the elaboration to the administrative proceedings reconciliation characteristic.The second part introduced the administrative proceedings reconciliation system rationale. First through to the traditional theory administrative proceedings reconciliation system question response, explained the conciliatory system rationale lies in the administration to decide after deliberation the power the existence and the executive power characteristic change. Then the author proposed the administrative proceedings reconciliation system rationale.The above analysis research has established the administrative proceedings reconciliation theory strut. Finally, according to our country practice situation, this part was the entire paper the theory focal point, its analysis will increase the theory feasibility which this article studied.The third part introduced outside the territory the administrative proceedings reconciliation system. In the administrative proceedings reconciliation system legislation and in the practice comparison research, separately introduces England, Germany, Japan, the Taiwan administrative proceedings reconciliation developmentsituation.Formulates the administrative proceedings reconciliation system excavation beneficial factor through the above research anticipation for our country.The fourth part introduced our country reconciles in fact present situation and reason analysis. This part relates our country to practice the actual situation, stays at a high level from our country administration trial withdrawing a suit rate obtains. Has made the science analysis to the administrative proceedings present situation. At the last,analyzed our country to introduce the conciliatory system the feasibility and the necessity,The fifth part is our country administrative proceedings reconciliation system constructing. The author from the guiding ideology, the basic principle, the legislation pattern choice, the conciliatory system content, the conciliatory system movement safeguard and so on five angles puts forward own some proposals, administrative .Proceedings reconciliation needs with other correlation system slinking up, to need the government by law environment to continue the improvement.